Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on the works of those who came before. Overprotection stifles the very creative forces it’s supposed to nurture.
–Chief Judge of the United States Court of Appeals for the Ninth Circuit Alex Kozinski (from his dissent in White v. Samsung, 1993, which can be read here)
Taking a circuitous route, I found myself at artist Nate Harrison’s site tonight, watching some of his video projects. I found “Can I Get An Amen?” (2004) particularly interesting.
“Can I Get An Amen?” is an audio installation that unfolds a critical perspective of perhaps the most sampled drum beat in the history of recorded music, the Amen Break. It begins with the pop track “Amen Brother” by 60’s soul band The Winstons, and traces the transformation of their drum solo from its original context as part of a ‘B’ side vinyl single into its use as a key aural ingredient in contemporary cultural expression. The work attempts to bring into scrutiny the techno-utopian notion that ‘information wants to be free’- it questions its effectiveness as a democratizing agent. This as well as other issues are foregrounded through a history of the Amen Break and its peculiar relationship to current copyright law.
Here’s the original song (which, ironically enough, is, itself, a reworking of the traditional Negro Spiritual, “Amen”)…
And here is Harrison’s work…
And anybody who wants the Amen Break for their own mixes can download it here.




